• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.131-157
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• 2015

NHIS claimed for damages to doctors that by doing the treatment breaching medical insurance criteria caused by doctors, NHIS paid for medicine cost to pharmacy; as a result, the doctors caused the tort to NHIS. Following consecutive rulings afterwards, NHIS also argued that the medicine cost violating medical law or medical treatment expense paid to medical organizations are both the tort in civil law. NHIS claimed for all the damages, and the Supreme Court confirmed this judgment. However, within our national health insurance system, the subject of insurance payment is NHIS and the subject of medical treatment expense are also NHIS since the treatment expense is also insurance payment by asking the treatment to medical organizations. Further, national health insurance law is not made to control the violation of medical treatment cases; therefore, the breach of medical law cannot be covered by illegality of tort in civil law regarding NHIS. If that is the case, in the case that if the patients are treated according to treatment criteria via the doctors delegated the doctors' permission by Health and Welfare minister, NHIS acquired the benefits to remove the duty to give treatment payment to doctors in civil law; thus, even though the doctors have breached the medical law, NHIS does not have any damages. The fact that supreme court confirmed the ruling that the treatment is the tort in civil law towards NHIS is the judgment not counting the benefits of insurance payment as the subject but only considering the fact that NHIS paid to the doctors and this ruling have gone against the principle under civil code section 750. If the doctors have breached the medical law, the case should be sanctioned by medical law not national health insurance law, and the ruling of supreme court is assumed that they have confused both with the principle of national health insurance law and civil law.

• Korean Journal of Food Science and Technology
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• v.54 no.2
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• pp.218-223
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• 2022

This study, conducted during 2018-2021 in Gangseo, Seoul, monitored residual pesticides in 14 types of fresh-cut produce, including lettuce, tomato, and celery, in wholesale market and supermarkets. A total of 589 cases (2.9%) were inspected; 17 cases (2.9%) were detected within the criteria, and 2 cases (0.3%) exceeded the maximum residual limit (MRL). When assessing the distribution stage of the pesticide violation, there were two violations in the wholesale market (before distribution), which differed from the supermarkets (during distribution). The detected pesticides, mainly insecticides and fungicides, appeared in the order of flubendiamide, flufenoxuron, and diazinon. A violation rate of 0.3% was found for wholesale market, which is collection area dedicated to fresh-cut produce, and this was lower than that for general agricultural products (1.4-2.5%). Since fresh-cut produce are consumed immediately after simple processing, residual pesticides significantly affect the human body; therefore, continuous monitoring of pesticide residues is required.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.133-170
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• 2022

Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.145-176
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• 2016

Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.4D
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• pp.313-322
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• 2012

This study analyzes taxi driver's risk-taking propensity with respect to risk-taking behaviour and traffic locus of control. In order to explore the traffic risk-taking, we present a predictive model by structural analysis of driver's risk-taking propensity. By applying this model to survey data from taxi drivers, we can observe that driver's risk-taking propensity has a significant impact on the traffic violation intention, and the higher perception of law and the lower lack of law-abiding drivers have, the more they tend to violate. Second, we test using multivariate analysis if the level of risk-taking propensity differs by the locus of control( external or internal). Drivers of external control shows higher risk-taking level compared to those of internal control so that the risk-taking propensity shows difference according to the locus of control for the responsibility of traffic accidents. The structural equation model of our study yielded ${\chi}^2$ = 279.7, ${\chi}^2$/df = 1.55, RMSEA = 0.44, GFI = 0.911, TLI = 0.916, CFI = 0.929.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.171-178
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• 2013

This paper presents the Part 1 of the Questionnaire Survey on Marine Safety and VTS in the Philippine Coastal Waters. This part deals with respondents profiles; experiences onboard and ashore; familiar areas; and their subjective perception of marine risks- by factors and by areas. The subjects are chosen from different regions nationwide with connection and/or with maritime background. There are 202 responses returned and these are put into a database for analysis made through Excel programs and statistics references. The result of the nationwide responses show that 97 % of respondents have shipboard experiences onboard of different ships' types and sizes; and 88 % are directly involved in the navigation of ships. Risk Perception levels - by factors and by familiar areas - show a higher risk degree in the 3rd level ('Sometimes Increases Risks') and 4th level ('Often Increases Risk') in each respondents' response indices. The study finds that the most risky factor is the "Violation of Rules and Regulations" which has a high risk at 5th level (Very Often Increases Risk), and for the over-all familiar areas, the Manila Bay area (NCR region) garners the most risky perception, also, at the 5th level. It is, therefore, recommended by this paper to conduct a comprehensive review of the rules and regulations viable in each locality; strengthening the maritime traffic systems, structures and educating the stake-holders specifically in Manila Bay area and other busy waterways of the country. The ultimate goal of this paper is to gather information, analyze these data and develop a set of tools and techniques to be utilized as a guide in the improvement and development of maritime traffic safety in the country.

• Journal of Korean Society of Transportation
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• v.30 no.1
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• pp.149-159
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• 2012

The evaluation of public transit service quality is more complicated than evaluating other aspects of transportation service. Although various measures of effectiveness [MOEs] for transit service have been studied and applied, a more comprehensive and accurate MOE is still required. In the past, either data from user surveys or the experience of bus agency administrators and/or engineers used to measure the quality of service. However, recently, with reliable and accurate real time data from BMS(Bus Management System) and BIS(Bus Information System), more reliable and accurate MOEs are available. This study develops a service evaluation model from users' perspectives, which is based on user' cost models that consider passenger access time, riding time, waiting time, and discomfort due to in-vehicle overcrowding, violation of traffic laws, and accident rate. For validating proposed model, data from the BMS and transit-fare cards (T-Money Card) for Seoul's No. 472 main bus line were used. Models developed in this study provided reliable results.

• Journal of Korean Medicine for Obesity Research
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• v.13 no.2
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• pp.58-65
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• 2013

Objectives: The objective of this study was to analyse the methods being used to control food intake and physical activity in RCTs of human obesity. Methods: A total of 21 randomized controlled trials (RCTs) were investigated. Nine of which were domestic studies from "http://oasis.kiom.re.kr" and the other of which were foreign studies from systematic reviews of RCTs on herbal medicine for treatment of human obesity. Results: According to domestic studies, "low calorie diet" were recommended in five cases of the domestic studies, "maintain current dietary habit" were recommended in two and no information on diet was two. Considering the seven cases where the information on diet was available, patients' food intake were checked at every visit in six cases. Only two cases among the six had been dropped owing to the violation of dietary habit by patients. Exercises were prohibited in two cases, "maintain current level of phisical activity" were recommended in three cases and, from the rest, no information was available. The level of physical activity were not strictly controlled by any means hence no drop out. According to foreign studies, "low calorie diet" were recommended in two cases, "very low calorie diet (less than 700 kcal/day)" in one case, "maintain current dietary habit" in two cases, "do not eat fat" in two cases and no information was available in the rest five cases. Exercises which concerns spending about 300 kcal/day was recommended in one case, "moderate exercise" were recommended in three cases, "maintain current level of physical activity" were recommended in three cases and no information available in the rest five cases. Conclusions: In order to improve the accuracy of RCT, for the dietary side, researchers should record patient food intake at every visit by means of 24-hour dietary recall methods. This can be supplemented by multiple choice survey that are designed to help patients to diagnose themselves more accurately leading to less bias. For the exercise side, it is highly recommended to confine the exercises to walking only so as to quantify the amount of physical activity more easily by using pedometer.

• The Korean Journal of Pesticide Science
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• v.17 no.4
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• pp.271-282
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• 2013

This is the result of pesticide residue monitoring certified Good Agricultural Practice (GAP) by national agricultural cooperative federation (NACF) from 2009 to 2012. NACF evaluated simultaneously 283 pesticide multi-analysis method with GC (ECD, NPD) and HPLC. 6,590 agricultural products were analyzed in this period. As the results 1) detected 20.27% in 2009, 23.42% in 2010, 28.07% in 2011 and finally 31.75% in 2012, respectively. There was the total detected pesticide residue in the agricultural products. The violated ratio of agricultural products were 2.25% in 2009, 1.82% in 2010, 1.67% in 2011 and 3.47% in 2012, respectively. 13 pesticides went over the maximum residue limits (MRLs); carbendazim was the predominant violation. 40 pesticides; endosulfan was the predominant detected pesticide did not registered respectively crops in Korea. Most agricultural products that were under the MRLs met the safety standard, however agricultural products that contain neither registered nor set up MRL any level for example endosulfan in strawberry. Agricultural products that go over the MRLs with permitted pesticides, for example carbendazim in apple, are rejected. Because of these intricacies continual observation and evaluation will be need during GAP agricultural cultivation.

• Journal of Digital Convergence
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• v.18 no.6
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• pp.531-540
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• 2020

The purpose of this study was to present ways and tasks for the successful settlement of community care that the korea government recently aimed to convert the care system of the vulnerable from the center of institutional care to the community-based care system. As a research method, we tried to find out the community care policies for foreign developmental disabilities and explore major issues and problems in the process. As a result of the study, de-institutionalization and maintenance and enactment of laws related to community-based care systems, the division of subjects and tasks in policy implementation, and above all, it is necessary to specify necessary financial estimation, procurement plan, and budget securing method. In addition, sincere deliberation on the form of living space for people with developmental disabilities after de-institution and clarification of the subjectivity of using the services provided Establish reliable statistics on the characteristics and degree of disability of people with developmental disabilities, worry about human rights violation factors that can occur in community residential facilities that will be provided after de-facility, and create consensus in the community was also analyzed as an important factor. I think it is a key factor to secure the success of the community care policy by carrying out the above multiple tasks simultaneously.